Written Communications
Item # Name Q-aSO. JU l I
CHULA VISTA, CA 91910
Honorable Mayor & City Council 02/ 13/ 24
After a year of working with City Staff attempting to
protect tenants from the financial devastation caused by the " Tenant Protection Ordinance", I have been awoken
to the fact that I am very naive. I come to you this
evening sad and totally discouraged for the following
reasons.
Reason One: Data. supplied by City Staff has proved
beyond doubt the TPO has placed a " back breaking"
financial burden on our community' s homeless and
renters. I naively believed once our City Council Council was made aware of the situation, they would take steps to correct the TPO' s flaws. Boy was I wrong!
We have been working for over a year with Chula lista
staff creating a path to relieve the financial burden placed on our community' s renters by the " Tenant Protection
Ordinance". Although Staff supplied data has proved with out a doubt the devastation the TPO has brought upon our community' s Renters and Homeless, I have so far been
unable to get our City Council to simply care about the pain and suffering they are inflicting on Chula Vista renters.
Reason Two: Although we have four areas of agreement
with City Staff on the main flaws and possible remedy of the TPO, our City Council has shown a complete lack of
interest in bringing relief to the constituents they purport to represent*
You have already been presented the four areas where
we all can agree: ( See italics below)
1) What is causing the most harm to tenants are Clauses in the TPO threatening Landlords and Tenants who have
made inadvertent mistakes with $ 5, 000. 00 daily fines.
Clause 9. 65. 480 ' 2 (" Civil penalties for violations of thisAL chapter may be assessed at a rate not to exceed $ 5. 000 per violation, der day. When a violation occurs it is not required that a warning or notice to cure must first be given before an administrative citation or civil penalty may be issued.") and clause 9. 65. 060E ( Reporting
Requirements. Owners and Tenants shall i2Yovide City
with information regarding termination of Tenancies at
such time( s) and with such details as shall be required by City in the attendant Administrative Regulations.)
Translation.* Tenant makes a mistake, Landlord get fined 5, 000. 00. If staff had no desire to levy fines for
inadvertent errors they would have not purposely
inserted the , five words: " it is not required that..." in clause 9. 65. 080C2 above.
2) Landlords of the * 36, 433 rental units (* Staff supplied data) must raise rents in order impound funds to pay the potential fines of those who have made inadvertent
errors,
3) During the entire , first year of enforcement, staffff has yet to be made aware of a single Landlord or Tenant being
subject to a fine which means there are virtually no " Bad Actors" in CV.
4) With so few " Bad Actors" , the financial harm placed on the backs of Tenants could very well exceed the potential benefits received by the " TPQ' s" constant threat of
5, 000. 00 dailyfines,, Remember,* It is the THREAT of a fine, not the fine itself, which forces many Landlords to raise rents.
Reason Three: It seems the City Council could not care
less the addition of a simple seventeen word clause brings Chula Vista' s TPO into State compliance without
harming tenants.
Realizing there are so few bad actors, as demonstrated
in item three above, we have found a way to bring Chula Vista' s " Tenant Protection Ordinance" in compliance with California State mandates without unnecessarily harming renters. ( See italics below)
The simple task of modifying the verbiage of the TPO in order to reduce a Landlord' s need to drastically raise rents can easily be accomplished with an addition of the following clause: " Notice to cure must first be given
beforeissued" an
administrative citation, or civil Denaltv may be...--.
Upon warning, the vast majority of individuals will gladly come into compliance, while the few unscrupulous Tenants and Landlords will attempt to circumvent the law.
An added bonus of such a notification procedure is that a warning simplifies the process of identifying and levying fines against " Bad Actors". I
I believe our city attorney will confirm that it is possible to warn noncompliant individuals and still be in alignment with California' s new TPO mandates.
Reason Four*. The City Council is Probably unaware
that CI -sty Staff is not required receive Council' s direction when modifying The TPO' s Administrative Regulations:
City Staff is authorized to change rules at will regarding the enforcement of the " Tenant Protection Ordinance without
consulting The City Council. Most tenants who voluntarily move - away may be unaware they may required to
complete forms informing city staff the details of a
relocation. See Clause 9. 65- 060E above. Such an absent of action their part forces landlords to substantially raise rents in preparation of potential $ 5, 000. 00 daily fines to follow*
Reason Five.* City Council has shown a disregard for the welfare of their constituents and appears to have a
complete lack of concern that the TPO exasperates our
homeless situation.
On many occasions Staff as informed City Council of
the precarious financial situation of our rental community See City Staff suppled data in italics below). Over a year ago I warned you the present wording of the " Tenant
Protection Ordinance" would require Landlords to drastically raise rents thereby forcing hundreds of people from their homes and out on the streets. We can see a drastic increase in homelessness this year. Although there are many causes for homelessness in our community, most can agree, high rents is a huge contributing factor. I can state unequivocally The Tenant Protection Ordinance is what is forcing this Landlord to raise rents.
City Staff Supplied Data Supporting Conclusons.i
1) Chula Vista Population: 283, 972
Chula Vista - U. S. Census Bureau QuickFacts)
2} Average number of individuals in each household: 3. 31 Chula Vista - U. S. Census Bureau QuickFacts)
3) Percentage Chula Vista housing which are rentals. 42% Data compiled by City Staff )
4) Number of Chula Vista Rental Units: 36, 033
Population of Chula Vista ( 2831,072) divided by the average number of people residing in each Residence ( 3. 31) equals 85, 792 multiplied the percentage of residences which are rentals ( 42%) equals the approximate number of Chula Vista rental units. ( 36, 033)
5) Approximate number of Chula Vista renters: 119, 268
CV Population 2831,972 x. 42% = 119, 268)
6) Approximate Average Monthly Chula Vista Rent:
3, 047. 00 ( See attached CV Staff provided " Relocation Assistance " Pic below - Average o, f Line 2ndfrom bottom) 7) With no right to cure, amount of daily fine levied if Landlord or Tenant inadvertently makes a paperwork error when Tenant terminates lease and moves: $ 5, 000. 04 ( Clauses
9. 65. 060 E and 9. 65. 080 C2 of " Residential Landlord and Tenant Ordinance"
8) Maxim average monthly rent increase allowed 1. 0 $ 304. 70 3047. 00 x 10%. California AB - 1482 S% plus inflation Max 10%)
9) Average number of months required for Landlord to
impound a I day fine: 16A1($ 5000. 00 divided by $304070) 1-0) $ 10, 979, 255. 00*. The approximate total monthly maximum rent increase levied on Chula Vista Renters if
Landlords are forced to impound funds to the pay daily fines,* 36, 033 Rental Units multiplied by the 10% max allowed rent adjustment $ 304. 70 - $ 10, 979, 255. 00) -
11) 596 Homeless. Approximate number of Homeless
created if one half of one percent of Chula Vista renters are forced out of their homes by the rent increases caused by the Tenant Protection Ordinance: ( CV Population 283, 972 x 42% NOMMUM
119, 268 x . 5% - 596)
U -S. Department of HousingandUrbanDevelopmentSmallArea Fair Market Rent (April 2022) Efficienc 2 3
Y Bedroom Bedroom Bedroor,
4 Bedroom
1, 850 2, 040 2, 620 3, 640 4, 450
1" 1-10 51, 580 2, 030 2, 820 3, 450
1, 440 51,600 050 2, 850 3, 490
A2, 110 S-2-340 3, 000 4, 170 5, 100
2, 360 S2,610 3, 350 4, 650 5, 700
52, 360 3, 350 4, 6$ 0 1y5,'7nc
1, 925 52, 130 52, 733 3, 797
1, 628 L8 0 2 2, -3k1 -1. fi3, 2 10 11. 4
927
Exhibit 2
Comparison OfSurreyDatavs. SAFNIR
3 3
IL
Although I feel presenting you with information at
future Council meetings would be a complete waste of
time, I still posses a small glimmer of hope the
conscience of at least one Council Member can be
encouraged this evening to care. If just one council
member requests staff to confirm the accuracy of their
own data, such a confirmation would hopefully stir the
conscience of the remaining council to modify the
TPO' s current verbiage which financially devastates
renters and exasperates our community' s homeless
situation.
Thank You
i
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